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7-5-305. Requirements.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-5-305. Requirements.
(a) Before a person is permitted to vote, the poll worker shall:
(1) Request the voter to identify himself or herself in order to verify the existence of his or her name on the precinct voter registration list;
(2) Request the voter, in the presence of the poll worker, to state his or her address and state his or her date of birth;
(3) Determine that the voter's date of birth and address are the same as those on the precinct voter registration list;
(4) If the date of birth given by the voter is not the same as that on the precinct voter registration list, request the voter to provide identification as the poll worker deems appropriate;
(5)(A) If the voter's address is not the same as that on the precinct voter registration list, verify with the county clerk that the address is within the precinct.
(B) If the address is within the precinct, request the voter to complete a voter registration application form for the purpose of updating county voter registration record files.
(C) If the address is not within the precinct:
(i) Verify with the county clerk's office the proper precinct; and
(ii) Instruct the voter to go to the polling site serving that precinct in order for his or her vote to be counted;
(6) If the voter's name is not the same as that on the precinct voter registration list, request the voter to complete a voter registration application form for purposes of updating county voter registration record files;
(7) Request the voter, in the presence of the poll worker, to sign his or her name, including the given name, middle name or initial, if any, and last name in the space provided on the precinct voter registration list. If a person is unable to sign his or her signature or make his or her mark or cross, the poll
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-5-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:7-5-305
Source file: gov.ar.code.title.07.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 103a6428a1b59963ba7299b2fd5cfbadd0264e4af820bc2b4da162fe53be2167
Source location: content.xml paragraph 2090
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7-5-305. Requirements.
(a) Before a person is permitted to vote, the poll worker shall:
(1) Request the voter to identify himself or herself in order to verify the existence of his or her name on the precinct voter registration list;
(2) Request the voter, in the presence of the poll worker, to state his or her address and state his or her date of birth;
(3) Determine that the voter's date of birth and address are the same as those on the precinct voter registration list;
(4) If the date of birth given by the voter is not the same as that on the precinct voter registration list, request the voter to provide identification as the poll worker deems appropriate;
(5)(A) If the voter's address is not the same as that on the precinct voter registration list, verify with the county clerk that the address is within the precinct.
(B) If the address is within the precinct, request the voter to complete a voter registration application form for the purpose of updating county voter registration record files.
(C) If the address is not within the precinct:
(i) Verify with the county clerk's office the proper precinct; and
(ii) Instruct the voter to go to the polling site serving that precinct in order for his or her vote to be counted;
(6) If the voter's name is not the same as that on the precinct voter registration list, request the voter to complete a voter registration application form for purposes of updating county voter registration record files;
(7) Request the voter, in the presence of the poll worker, to sign his or her name, including the given name, middle name or initial, if any, and last name in the space provided on the precinct voter registration list. If a person is unable to sign his or her signature or make his or her mark or cross, the poll worker shall enter his or her initials and the voter's date of birth in the space for the person's signature on the precinct voter registration list;
(8)(A) Except as provided in this section, request that the voter present verification of voter registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, if required by that section.
(B)(i) If a voter is unable to present verification of voter registration in the form of a document or identification card required by Arkansas Constitution, Amendment 51, § 13, the poll worker shall:
(a) Indicate on the precinct voter registration list that the voter did not present verification of voter registration by providing a document or identification card required by Arkansas Constitution, Amendment 51, § 13; and
(b) Permit the voter to cast a provisional ballot.
(ii) When a voter is unable to provide verification of voter registration, the voter and the election official shall follow the procedure under Arkansas Constitution, Amendment 51, § 13.
(iii) A first-time voter who registers by mail without providing identification when registering and desires to vote in person but who does not meet the identification requirements of § 7-5-201(e) may cast a provisional ballot.
(iv) Following each election, the county board of election commissioners may review the precinct voter registration lists and may provide the information of the voters not presenting verification of voter registration at the polls to the prosecuting attorney.
(v) The county board of election commissioners shall refer suspected instances of voter fraud to the prosecuting attorney.
(vi) The prosecuting attorney may investigate possible voter fraud;
(9) Record the voter's name or request the voter to print his or her name on the list-of-voters form;
(10) Follow the procedures under §§ 7-5-310 and 7-5-311 if the person is a voter with a disability and presents himself or herself to vote; and
(11) Permit the person to cast a provisional ballot if the person received an absentee ballot according to the precinct voter registration list.
(b) A person not listed on the precinct voter registration list may vote only in accordance with § 7-5-306.
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Arkansas Code — all titles (historical 2020) · legal_authorities
7-5-201. Voter qualification.
(a) To be qualified to vote, a person shall have registered at least thirty (30) calendar days immediately prior to the election and in the manner set forth by Arkansas Constitution, Amendment 51.
(b) “Voting residence” shall be a voter's domicile and shall be governed by the following provisions:
(1) The domicile of a person is that place in which his or her habitation is fixed and to which he or she has the intention to return whenever he or she is absent;
(2) A change of domicile is made only by the act of abandonment, joined with the intent to remain in another place. A person can have only one (1) domicile at any given time;
(3) A person does not lose his or her domicile if he or she temporarily leaves his or her home and goes to another country, state, or place in this state with the intent of returning;
(4) The place where a person's family resides is presumed to be his or her place of domicile, but a person may acquire a separate residence if he or she takes another abode with the intention of remaining there;
(5) A married person may be considered to have a domicile separate from that of his or her spouse for the purposes of voting or holding office. For those purposes, domicile is determined as if the person were single; and
(6) Persons who are temporarily living in a particular place because of a temporary work-related assignment or duty post or as a result of their performing duties in connection with their status as military personnel, students, or office holders shall be deemed residents of that place where they established their home prior to beginning such assignments or duties.
(c) No person may be qualified to vote in more than one (1) precinct of any county at any one (1) time.
(d)(1) Except as provide
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-5-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 7-5-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-5-306. Procedure when voter's name is not on the precinct voter registration list.
(a) If the voter's name is not on the precinct voter registration list, the poll worker shall permit the voter to vote only under the following conditions:
(1) The voter identifies himself or herself by stating his or her name and date of birth and is verified by the county clerk as a registered voter within the county and, if the county is divided into more than one (1) congressional district, within the same congressional district;
(2) The voter gives and affirms his or her current residence and the poll worker verifies with the county clerk that the voter's residence is within the precinct;
(3) The voter completes an updated voter registration application form; and
(4) The voter signs the precinct voter registration list.
(b) If the voter is not listed on the precinct voter registration list and the poll worker is unable to verify the voter's registration with the county clerk and the voter contends that he or she is a registered voter in the precinct in which he or she desires to vote and that he or she is eligible to vote, then the voter shall be permitted to cast a provisional ballot.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-5-306
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 7-5-306. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-5-310. Privacy — Assistance to voters with disabilities.
(a)(1) Each voter shall be provided the privacy to mark his or her ballot. Privacy shall be provided by the poll workers at each polling site or by the county clerk, if the county clerk conducts early voting, to ensure that a voter desiring privacy is not singled out.
(2)(A) In a county that uses paper ballots, the county board of election commissioners shall determine and provide the appropriate number of voting booths for each polling site.
(B) A voting booth shall be:
(i) Constructed to permit the voter to prepare his or her ballot while screened from observation;
(ii) Furnished with supplies and conveniences that will enable the voter to prepare his or her ballot; and
(iii) Situated in the plain view of a poll worker.
(C) If a person is not a poll worker and is not casting a ballot, he or she shall not be within six feet (6') of the voting booths, unless:
(i) The person is authorized by an election judge; and
(ii) The person's presence is necessary to keep order or enforce the law.
(3) A person may not enter a polling site on election day during voting hours unless the person is:
(A) An election official;
(B) An authorized poll watcher;
(C) A voter present to cast his or her ballot;
(D) A person in the care of a voter if the person:
(i) Does not disrupt or interfere with the normal voting procedures; and
(ii) Is not eligible to vote in that election;
(E) A person lawfully assisting the voter;
(F) A law enforcement officer or emergency service personnel who are acting in the line of duty;
(G) A monitor authorized by the State Board of Election Commissioners or observer authorized by a federal agency with the authority to place the observer at the polling site;
(H)(i) A
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-5-310
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 7-5-310. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-5-311. Voters with disabilities — Special procedures — Definition.
(a) The county boards of election commissioners shall provide voting locations that are accessible to voters with disabilities and shall provide reasonable and adequate methods whereby voters with disabilities may personally and secretly execute their ballots at the polling places.
(b) After conferring with and obtaining the assistance of persons with disabilities or organizations of citizens with disabilities, the State Board of Election Commissioners shall offer to assist local election authorities with the implementation of Title II requirements of the Americans with Disabilities Act and with the Title III requirements of the Help America Vote Act of 2002 regarding accessibility for voters with disabilities.
(c) As used in this section, the term “disability” means any physical, mental, or sensory impairment.
(d)(1) The county board of election commissioners shall be responsible for compliance with this section and with Pub. L. No. 98-435, Title II of Pub. L. No. 101-336, the Americans with Disabilities Act, and the Help America Vote Act of 2002 regarding the accessibility of voting locations for voters with disabilities.
(2) The State Board of Election Commissioners shall mail to the chair of each county board of election commissioners and the chair of each county political party a copy of this section and of Pub. L. No. 98-435.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-5-311
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 7-5-311. This identifies an authority to review, not proof of applicability.